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LIBRARY  OF  CONGRESS 


L- 


LIST  OF  REFERENCES 


ON  THE 


POPULAR  ELECTION  OF  SENATORS 


WITH   APPENDIX'. 


DEBATES  ON  THE  ELECTION  OF  SENATORS  IN 
THE  FEDERAL  CONVENTION  OF  1787, 


^1 


COMPILED  ITNDER  THE  DIRECTION  OF 

A.  P.  C.  GRIFFIN 

CHIEF     BIBLIOGRAPHER 


iJNIVERSiTY  OF  CALIFORNIA 
LOS  ANGELES 

AUG  16  1957 

LIBRARY 
GOVT.  PUBS.  SERV. 


WASHINGTON 

GOVERNMENT    PRINTING    OFFICE 
1904 


LIBRARY  OF  CONGRESS 


LIST  OF  REFERENCES 


ON  THE 


POPULAR  ELECTION  OF  SENATORS 


WITH   APPENDIX 


DEBATES  ON  THE  ELECTION  OF  SENATORS  IN 
THE  FEDERAL  CONVENTIOiN  OF  1787 


COMPILED  UNDER  THE  DIRECTION  OF 

A.  F.  C.  GRIFFIN 

CHIEF     BIBLIOGRAPHER 


WASHINGTON 

GOVERNMENT   PRINTING    OFFICE 

1904 


H 


INTEODT^CTION 


This  is  a  reprint,  with  additions,  of  Senate  Document  404  of  the 
Fifty-seventh  Congress,  first  session,  which  consisted  of  material 
furnished  by  the  Library. 

It  contains  a  list  of  writings  relating  to  the  election  of  Senators,  par- 
ticularly the  proposition  to  have  Senators  chosen  by  the  people  instead 
of  by  the  State  legislatures.  There  are  included  in  the  List,  speeches 
in  Congress,  articles  in  periodicals,  and  references  to  general  treatises 
containing  discussions  on  the  subject.  In  an  appendix  is  the  text  of 
the  debates  in  the  Federal  Constitutional  Convention  on  the  various 
methods  proposed  for  the  election  of  "the  second  branch  of  the 
national  legislature,"  followed  by  extracts  from  the  "Federalist." 

A.  P.  C.  Gkiffin 
Chief  Bihliographer 
Herbert  Putnam 

Lilyt'arlan  of  Congress 
Washington,  D.  C,  June  G,  1901^ 

3 


LIST  OF  REFERENCES  ON  THE  POPULAR   ELEC- 
TION OF  SENATORS 


Ames,  Herman  V.     The  proposed  amendments  to  the  Constitution  of 
the  United  States  during  the  first  century  of  its  history. 
{In  American  historical  association.     Annual  report  for  the  year 

1896,  vol.  II.     Washington,  1897.     442  pp.     8°.) 
Popular  election  of  Senators,  pp.  24,  60-63. 

Bailey,  Joseph  W.     Election  of  United  States  Senators.     Remarks, 
May  9,  1902. 

{In  Congressional  record,  vol.  35,  pt.  5,  pp.  5205-5210.) 
Favors  popular  election. 

Same.     Remarks,  June  11,  1902. 

{In  Congressional  record,  vol.  35,  pt.  7,  p.  6594.) 
Favors  popular  election. 

Bark-worth,  T.  E.     Should  United  States  Senators  be  elected  by  the 
people.     With  discussion  by  A.  C.  McLaughlin,  E.  V.  Rob- 
inson, B.  A.  Hinsdale,  H.  C.  Adams,  and  D.  B.  Waldo. 
{In  Michigan   political  science  association.     Publications,   vol.   1, 
May,  1893,  pp.  78-97.) 

Baruey,    Samuel  S.      Election  of  Senators  by  the  people.      Speech, 
May  11,  1898. 

{In  Congressional  record,  vol.  31,  pt.  8,  appendix  pp.  441^142.) 
Favors  popular  election. 

Bartlett,  Franklin.     Election  of  United  States  Senators  by  the  people. 
Remarks,  July  20,  1894. 

{In  Congressional  record,  vol.  26,  pt.  S,  pp.  7773-7774.) 
Against  poj^ular  election. 

Berry,  James  H.     Election  of  Senators  by  direct  vote.     Remarks, 
March  11,  1902. 

{In  Congressional  record,  vol.  35,  pt.  3,  pp.  261.5-2617.) 
Favors  popular  election. 

Sa?ne.     Speech,  May  9,  1902. 

{In  Congressional  record,  vol.  35,  pt.  5,  pp.  5203-5204,  5207,  5208.) 
Favors  popular  election. 

Same.     Remarks,  June  11,  1902. 

{In  Congressional  roconl,  vol.  35,  pt.  7,  pp.  6588,  6590,  6593-6596.) 
Favors  popular  election. 


6  LIBRARY    OF   CONGRESS 

Blackburn,  J.  C.  S.     Election  of  United  States  Senators.     Remarks, 

April  11,  1902. 

{Ill  Congressional  record,  vol.  3.5,  j)t.  4,  pp.  3984-3987.) 
Favors  popular  election. 

Stane.     Remarks,  May  9,  1902. 

(In  Congressional  record,  vol.  35,  pt.  5,  pp.  5205-5206.) 
Favors  popular  election. 

Sam,'.     Remarks,  June  11,  1902. 

(In  Congressional  record,  vol.  35,  pt.  7,  pp.  6.593-6595.) 
Favors  popular  election. 

Boutell,  Lewis  Henry.     Roger  Sherman  in  the  Federal  Convention. 
(In   American    historical    association.     Annual   report,    1893,   pp. 

229-247. ) 
Also  printed  as  U.  S.     53d  Congress,  2d  session.     Senate  miscel- 
laneous document  no.  104. 

Breazeale,  Phanor.     Election  of  United  States  Senators.     Remarks, 
April  12,  1900. 

(In  Congressional  record,  vol.  33,  pt.  5,  pp.  4118—4119.) 
Favors  popular  election. 

Bryan,  William  J.     Election  of  United  States  Senators  })y  the  people. 
Remarks,  July  12,  1892. 

(In  Congressional  record,  vol.  23,  pt.  6,  pji.  6071,  6072.) 
Favors  popular  election. 

Same.     Remarks,  July  20,  1894. 

(In  Congressional  record,  vol.  26,  pt.  8,  pp.  ITib-Ti'il .) 
Favors  popular  election. 

Burgess,  John  W.     The  election  of  United  States  Senators  hy  popu- 
lar vote. 

(In  Political  science  quarterly,  vol.  17,  Dec,  1902,  pp.  650-663.) 

BurroTvs,  Julius  C.     Election  of  Senators  by  direct  vote.     Remarks, 
March  11,  1902. 

(Ill  Congressional  record,  vol.  35,  pt,  3,  p.  2616.) 
Favors  popular  election. 

Same.     Remarks,  :\Iay  9,  1902. 

(In  Congressional  record,  vol.  .35,  pt.  5,  p.  5204.) 
Favors  popular  election. 

Same.     Election  of  United  States  Senators.     Remarks,  June 

11,  1902. 

(In  Congressional  record,  vol.  35,  pt.  7,  pp.  6593,6594.) 
Favors  popular  election. 

Bushnell,  A.  R.     Election  of  United  States  Senators  by  the  people. 
Speech,  July  12,  1892. 

(In  Congressional  record,  vol.  23,  pt.  6,  pp.  6066-6067.) 
Favors  {)opular  election. 


POPULAR    ELECTION   OF   SENATORS  7 

Capron,  Adin  B.     Election  of   Senators  by   the   people.     Remarks, 
May  11,  1898. 

{In  Congressional  record,  vol.  31,  pt.  5,  \^\\  4812,481.5.) 
Favors  popular  election. 

Chandler,  William  E.     Election  of  Senators  by  the  people.     Speech, 
April  12,  1892. 

(In  Congressional  record,  vol.  23,  pt.  4,  pp.  3191-3201.) 
Unfavorable  to  popular  election. 

Election  of  Senators  by  direct  vote.     Speech,  June  5,  1896. 

(/n  Congressional  record,  vol.  28,  pt.  7,  pp.  61.57-6159,6160.) 
Against  popular  election. 

P^lection  of  Senator  by  popular  vote. 

(In  The  Independent,  vol.  52,  May  31,  1900,  p.  1292.) 
Unfavorable. 

Chipman,  J.  Logan.     Election  of    United   States   Senators    b}'   the 
people.     Remarks,  July  12,  1892. 

(In  Congressional  record,  vol.  23,  pt.  6,  pp.  6060,  6078.) 
Favors  popular  election. 

Clapp,  Moses  E.     Election  of  United  States  Senators.     Speech,  June 
11,  1902. 

(In  Congressional  record,  vol.  35,  pt.  7,  pp.  6590-6593,  6596.) 
Favors  popular  election. 

Clark,  E.  P.     Electing  Senators  by  popular  vote. 

(In  The  Nation,  vol.  74,  Mar.  20,  1902,  p.  222.) 

Clcirk,  Walter.     The  election  of  Senators  and  the  President  by  popular 
vote,  and  the  veto  power. 

(In  The  Arena,  vol.  10,  Sept.,  1894,  pp.  451-461.) 
Favorable. 

The  election  of  United  States  Senators  by  the  peeple. 

(/n  Green  Bag,  vol.  10,  Jan.,  1898,  pp.  4-6.) 
Strongly  favorable. 

Corliss,  J.  B.     Election  of  Senators  by  the  people.     Speech,  May  11, 

1898. 

(In  Congressional  record,  vol.  31,  pt.  5,  pp.  4809—1812.) 
Favors  popular  election. 

Election  of  United  States  Senators.     Speech,  April  12,  1900. 

(In  Congressional  record,  vol.  33,  pt.  5,  pp.  4109—4114.) 
Favors  popular  election. 

Same.     Remarks,  February  13,  1902. 

(Jn  Congressional  record,  vol.  .35,  pt.  2,  pp.  1721,  1722.) 

Crane,  Condit.     In  the  seats  of  the  mighty. 

(///  The  Outlook,  vol.  01,  Jan.  7,  1899,  jip.  27-34.) 
Unfavorable  to  j)opular  election  of  Senators. 


8  LIBRARY    OF    CONGRESS 

Cummings,  Amos  J.     Election  of   United   States  Senators  bj-  the 
people.     Remarks,  July  12,  1892. 

(/«  Congressional  record,  vol.  23,  pt.  6,  p.  6076.) 
Favors  popular  election. 

Election  of  Senators  by  the  people.     Remarks,  May  11.  1898. 

{In  Congressional  record,  vol.  31,  pt.  5,  p.  4815.) 
Favors  popular  elections. 

De  Annond,  D.  A.     Election  of  United  States  Senators  by  the  peo- 
ple.    Remarks,  July  12,  1892. 

(J>(  Congressional  record,  vol.  23,  pt.  6,  pp.  6077-6078.) 
Favors  jjopular  election. 

Smm'.     Speech,  July  19,  189-1-. 

{In  Congressional  record,  vol.  26,  pt.  8,  pp.  7724-7727.) 

De  Forest,  Robert  E.     Election  of  United  States  Senators  by  the 
people.     Speech,  July  20,  1891. 

{In  Congressional  record,  vol.  26,  pt.  8,  pp.  7771-7773.) 
Favors  popular  election. 

Depe'w,  Chauncey  M.     Election  of  United  States  Senators.     Remarks 
[submitting  amendment],  April  10,  1902. 

{In  Congressional  record,  vol.  35,  pt.  4,  pp.  3925-3926.) 
Against  popular  election. 

• Election  of  United  States  Senators.     Speech,  Api'il  11,  1902. 

{In  Congressional  record,  vol.  35,  pt.  4,  pp.  3979-3981,  3987.) 
Against  popular  election. 

Election  of  United  States  Senators.     Remarks,  Ma}'  9,  1902. 

{In  Congressional  record,  vol.  35,  pt.  5,  pp.  520.5-5208. ) 
Against  popular  election. 

Dickinson,  John.     The  letters  of  Fabius  in  1788,  on  the  Federal  Con- 
stitution    .     .     .     with  additional  notes. 

{In  hii<  Political  writings,  vol.  2,  pp.  67-165.     Wilmington  [Del.], 

1801.     S°.) 
Defends   the  method  of   election  and  composition  of  the  Senate 

under  the  j)rovisions  of  the  Constitution. 

Direct  election  of  Senators. 

{In  The  American  monthly  review  of  reviews,  vol.  26,  Dec,  1902, 
pp.  644-645.) 

Direct  election  of  Senators. 

{In  The  Independent,  vol.  54,  July  10,  1902,  pp.  1672-1674.) 

Doan,  Robert  F,.     Election  of  United  States  Senators  by  the  people. 
Remarks,  July  12,  1892. 

{In  Congressional  record,  vol.  23,  pt.  6,  pp.  6069-6070.) 
Favors  popular  election. 

Dockery,  A.  ^M.     Election  of  Senators  by  the  people.     Remarks,  May 

11,  1898. 

(/n  Congressional  record,  vol.  31,  pt.  5,  p.  4819.) 
Favors  popular  election. 


POPULAR    ELECTION    OF    SENATORS  9 

Dubois,  F.  T.     Election  of  Senators  by  direct  vote.     Remarks,  March 
11,  1902. 

(7n  Congressional  record,  vol.  3.5,  pt.  3,  p.  2617.) 
Favors  popular  election. 

Dungan,  Irvine.     Election  of  United  States  Senators  b}'  the  people. 
Remarks,  July  12,  1892. 

(In  Congressional  record,  vol.  23,  pt.  6,  pp.  6075-6076.) 
Against  popular  election. 

Edmunds,  George  F.     Should  Senators  be  elected  by  the  people  ? 
(In  The  Forum,  vol.  18,  Nov.,  1894,  jip.  270-278.) 
Unfavorable. 

The  Election  of  Senators. 

(In  Public  Opinion,  vol.  12,  Feb.  20,  1892,  p.  .500;  Feb.  27,  1892, 

p.  524.) 
Press  comments. 

The  Election  of  Senators. 

(/m  Public  opinion,  vol.  14,  Jan.  28,  1893,  pp.  391-393.) 
Quotations  from  press.     Favorable. 

The  Election  uf  Senators. 

[In  Public  opinion,  vol.  15,  Apr.  15,  1893,  p.  46.) 
Press  comments. 

The  Election  of  Senators  bj^  popular  vote. 

(In  The  Independent,  vol.  .55,  Jan.  8,  1903,  pp.  106-107.) 

Election  of  Senators.     Press  comment. 

(In  Public  opinion,  vol.  28,  Apr.  26,  1900,  pp.  516-518.) 
Favors  popular  election. 

Everett,  William.     Election  of  United  States  Senators  by  the  people. 
Remarks,  July  20,  1894. 

( In  Congressional  record,  vol.  26,  pt  8,  pp.  7776-7777. ) 
Against  popular  election. 

The  Federalist.     Edited  by  Henry  Cabot  Lodge. 

jYew  York  ct  Lo/idon,  G.  P.  Putnam^s  sonn,  1888.     a?fo,  (^), 

586  jyp.     8°. 

Election  of  Senators  by  State  legislatures,  etc.,  pp.  160,  385-386. 
It  has  not  been  thought  necessary  to  note  here  all  the  editions  of 

the   Federalist.     The   various  editions   are   described   in   P.   L. 

Ford's  Bibliography  of  the  Constitution. 

Flagg,  John  H.     The  choice  of  United  States  Senators. 

(In  New  England  magazine,  n.  s.,vol.  14,  Apr.,  1896,  pp.  190-194.) 

Foraker,  Joseph  B.     Election  of  United  States  Senators.     Remarks, 
May  9,  1902. 

(/n  Congressional  record,  vol.  35,  pt.  5,  pp.  5205,  5208,  5209.) 
Against  popular  election. 

Same.     Remarks,  June  11,  1902. 

(/n  Congressional  record,  vol.  35,  pt.  7,  pp.  6.594,6595.) 
Against  popular  election. 


10  LIBRARY    OF    CONGRESS 

Fox,  C.  F.     Popular  election  of  L'nited  States  Senators. 
(In  The  Arena,  vol.  27,  May,  1902,  pp.  455-467.) 

G-antz,  Martin  K.  Election  of  United  States  Senators  Ijy  the  people. 
Iteniarks,  July  12,  1S92. 

{In  Congressional  record,  vol.  23,  pt.  ti,  yjj).  60(j7-fi069. ) 
Favors  popular  election. 

Garrison,  Wendell  Phillips.     Popular  elections  of  Senators. 
(In  The  Nation,  vol.  54,  .Tan.  21,  1892,  p.  44.) 
Favoralile. 

The  reform  of  the  Senate. 

(In  The  Atlantic  monthly,  vol.  (58,  Aug.,  1891,  pp.  227-234.) 
Strongly  favorable  to  popular  election. 

Griffin,  Appleton  Prentiss  Clark,  compiler.  Debates  in  the  federal 
convention  of  1787,  held  at  Philadelphia,  on  the  election  of 
Senators.  June  11, 1902.  lipp-  8'-'.  {U.S.  57fh  Cnn- 
grem,  lut  session.     Senate  document  no.  Jfi^..) 

Same.     Reprinted  in  U.  S.     67th  Congress,  1st  session.     Sen- 

ate document  no.  40(),  pp.  23-.S6. 
Grosvenor,  Charles  H.     Election  of  Senators  by  the  people.     Speech, 
July  20,  1894. 

(In  Congressional  record,  vol.  2(>,  jit.  10,  appendix,  jrt.  2,  ji.  1352.) 

Against  popular  election. 

Same.     Remarks,  May  11,  1898. 

(In  Congres-sional  record,  vol.  31,  pt.  5,  pp.  4S11,4812. ) 
Against  popular  election. 

Hamilton,  Alexander.     Speech  on  the  Senate  of  the  United  States. 

(In  his  AVorks,  edited  by  Henry  Cabot  Lodge,  vol.  1,  pp.  448-496. 
New  York,  1885.     8°.) 

Harris,  AVilliam  A.     The  election  of  Senators  by  the  people. 

(In  The  Independent,  vol.  .52,  May  31,  1900,  p.  1291.) 

Favorable. 

"He  [the  Senator]  should  be  brought  more  closely  in  touch  with 

the  great  masses  of  the  people,  who  should  have  greater  liberty 

of  choice  in  his  selection." 

Hawley,  Joseph  R.  Election  of  Senators  l)y  direct  vote.  Speech, 
June  5,  1896. 

(/n  Congressional  record,  vol.  28,  pt.  7,  p.  (ilfil.) 
Against  popular  election. 

Haynes,  John.     Popular  election  of  United  States  Senators. 

(/»  Johns  Hopkins  University  studies   in   historical  and  political 
science,  11th  .series,  Nov.-Dec,  1893,  pp.  547-560.) 

Henderson,  David  B.  Election  of  United  States  Senators  by  the 
people.     Keiiiiirks,  July  12,  1892. 

(/n  Congrcwional  record,  vol.  23,  pt.  <i,  p.  6076.) 
Favors  popular  election. 

Same.     Remarks,  May  11,  1898. 

(In  Congressional  record,  vol.  31,  pt.  5,  pp.  4814-4815.) 


POPULAR   ELECTION    OF    SENATORS  11 

Hepburn,  W.  C.  Election  of  United  States  Senators  by  the  people. 
Remarks,  July  20,  1894. 

(In  Congressional  record,  vol.  26,  pt.  8,  pp.  7777-7778.) 
Favors  popular  election. 

Hoar,  Gi'iiryc  Frisbie.  The  Connecticut  compromise.  Roger  Sher- 
i.iun,  the  author  of  the  plan  of  equal  representation  of  the 
States  in  the  Senate,  and  representation  of  the  people  in 
proportion  to  numbers  in  the  House. 
Worcester,  JIass.:  I 'ress  of  Charles  TlajnUUm,  1903.  28  pp. 
8°. 

"Reprinted  from   the   Proceedings  of  the  American  Antiquarian 
Society,  October  21,  1902." 

Election  of  Senators  by  direct  vote  of  the  people.     Speech, 

April  3,  t!,  7,  1893. 

[In  Congressional  record,  vol.  25,  pt.  1,  pp.  67,  97,  101-110.) 
Against  popular  election. 

Same.     Speech  in  the  Senate  April  6  and  7,  1893. 

WaMngton :  [  Govern  men  t  printing  office'].  1893.     30  pp.     8°. 

Reprinted  from  Congressional  record,  vol.  25,  pt.  1,  pp.  101-110. 

Election  of  Senators  hj  direct  vote.     Remarks,  March  11, 

1902. 

(//!  Congressional  record,  vol.  35,  pt.  .3,  pp.  2616-2618.) 
Against  popular  election. 

Election  of  United  States  Senators.     Remarks,  May  9,  1902. 

(7re  Congre-ssional  record,  vol.  35,  pt.  5,  pp.  5204-5209.) 
Against  popular  election. 

Saine.     Remarks,  June  11,  19o2. 

{/n  Congre,ssional  record,  vol.  35,  pt.  7,  pp.  6590,6593.) 
Against  popular  election. 

The  Senate. 

[In  Youth's  companion,  vol.  63,  Nov.  13,  1890,  p.  620.) 

The  Senate  [a  paper  published  in  the  Youth's  Companion  of 

November   13,    1890].      December   15,  1896.      9   pp.     8^. 
{U.S.     SlftK  Congress, ^d  session.     Senate  document  7io.  26.) 

lo-^a.  Leg'islature,  1904.  Joint  resolution  for  an  application  to  the 
Congress  of  the  United  States  of  America,  in  behalf  of  the 
State  of  Iowa,  for  the  calling  of  a  convention  pi-oposing 
amendments  to  the  Constitution  of  the  United  States  of 
America  [for  the  election  of  United  States  Senators  bj-  a 
direct  vote  of  the  people],  as  provided  in  Article  V  of  said 
Constitution. 

( In  Congressional  record,  vol.  38,  Apr.  18,  1904,  p.  5192. ) 
Presented  by  Senator  Dolliver. 


12  LIBRARY    OF   CONGRESS 

Jones,  William  C.     Election  of  Senators  by  the  people.    Speech  May 
11,  1898. 

{In  Congressional  record,  vol.  31,  pt.  8,  appendix,  pp.  456-458. ) 
Favors  popular  election. 

Kem,  Omer  M.     Election  of  United  States  Senators  by  the  people. 
Speech,  July  12,  1892. 

{In  Congressional  record,  vol.  23,  pt.  6,  pp.  6072-6075.) 
Favors  popular  election. 

Kenny,  John  T.     The  legislature  that  elected  Mr.  Hanna. 
{In  The  Arena,  vol.  21,  Mar.,  1899,  pp.  311-326.) 
Favorable  to  popular  election. 

Kerr,  Clara  Hannah.     The    origin  and  development  of  the  United 
States  Senate. 
lihaca,  JV.  Y.:  Andrus  d^  C/mrc/),  1895.     vi,  197  pj>.     8^. 
Election  of  Senators,  pp.  15-20. 

King,  Kufus.     The  life  and  correspondence  of  Ruf us  King,  compris- 
ing his  letters,  private  and  ofEcial,  his  public  documents 
and  his  speeches.     Edited  by  Charles  R.  King. 
Neiv  Yfffk:    G.  P.  Putnam's  son.%  189^-1000.     6  vols.     Por- 
traits.    8°. 

Election  of  Senators,  vol.  1,  pp.  595-599,  607-612. 

Kirkpatrick,  William  S.    Election  of  Senators  bj-  the  people.    Speech, 
May  11,  1898. 

{In  Congressional  record,  vol.  31,  pt.  8,  appendix,  pp.  460-462.) 
Favors  popular  election. 

Kluttz,  Theodore  F.     Election  of  United  States  Senators.     Remarks, 
April  12,  1900. 

{In  Congressional  record,  vol.  83,  pt.  5,  pp.  4113,  4117.) 
Favors  popular  election. 

Lanham,  S.  W.  T.     Election  of  United  States  Senators  by  the  people. 
Remarks,  July  12,  1892. 

{In  Congressional  record,  vol.  23,  pt.  6,  pp.  6070-6071.) 
Favors  popular  election. 

Let  us  have  popular  election  of  Senators. 

(in  The  American   monthly  review  of  reviews,  vol.  27,  Apr.,  1903, 
pp.  400-401. ) 

Lloyd,  James  T.     Election   of   United   States   Senators.     Remarks, 
April  12,  1900. 

{In  Congressional  record,  vol.  .33,  pt.  5,  pp.  4122-4123.) 
Favors  popular  election. 

McComas,  Louis  E.     Election  of  United  States  Senators.     Remarks, 
June  11,  1902. 

{In  Congressional  record,  vol  35,  pt.  7,  p.  6595.) 
Against  popular  election. 


POPULAR    ELECTION    OF    SENATOBS  13 

McDovrell,  John  A.     Election  of  Senators  bj^  the  people.     Speech, 
April  12,  1900. 

(In  Congressional  record,  vol.  3:?,  pt.  8,  appendix,  pp.  220-221.) 
Favors  popular  election. 

McEttrick,  Michael  J.     Election  of  United  State.s  Senator.s  b^^  the 
people.     Speech,  July  20,  1894. 

(In  Congressional  record,  vol.  26,  pt.  8,  pp.  7766-7770.) 
Favors  popular  election. 

McE'wan,  T.     Election  of  Senators  by  the  people.     Remarks,  May 
11,  1898. 

(/?i  Congressional  record,  vol.  31,  pt.  5,  pp.  4817-4818.) 
Favors  popular  election. 

McLaurin,  Anselm  J.     Election  of  United  States  Senators.     Remarks, 
April  11,  1902. 

(/?(  Congressional  record,  vol  35,  pt.  4,  pp.  3983-3984. ) 
Favors  popular  election. 

Mason,  George.     Senate  appointed  by  State  assemblie.s. 

(In  Rowland,  K.  M.     Life  of  George  Mason,  vol.  2,  pp.  117-118. 

New  York,  1892.     8°.) 
Reprint  of  Mason's  remarks  reported  in  Madison's  debates. 

Maxey,  Edwin.     Election  of  United  States  Senators. 

(in  his  Some  questions  of  larger  politics,  pp.  67-75.     New  York, 

1901.     12°.) 
Reprinted  from  "Self-Culture  Magazine,  June,  1900." 

Meyer,  Ernst  Christopher.     Nominating  systems;    direct  primaries 
versus  conventions  in  the  United  States. 
Madison,   Wis.:    Puhlished   hy    the   author,    1902.      xx,  (2), 
501  pp.     <9^. 

"The  popular  election  of  United  States  Senators,"  pp.  448-451. 

Milliken,  Seth  L.     Election  of  United  States  Senators  by  the  people. 
Speech,  July  20,  1894. 

(/n  Congressional  record,  vol.  26,  pt.  8,  pp.  7770-7771.) 
Against  popular  election. 

Mitchell,  John  H.     Election  of  Senators  by  the  people.     Remarks, 
February  18,  1892. 

(In  Congressional  record,  vol.  23,  pt.  2,  p.  1270.) 
Favors  popular  election. 

Election  of  Senators  by  direct  vote.     Speech,  June  5,  1896. 

(Jji  Congressional  record,  vol.  28,  pt.  7,  pp.  6151-6152,6161-6162.) 
Favors  popular  election. 

Sa7Jie.     Remarks,  March  11,  1902. 

(In  Congressional  record,  vol.  35,  pt.  3,  p.  2616.) 
Favors  popular  election. 


14  LIBRARY    OF    CONGRESS 

Mitchell,  John  H.     Election  of  Senators  by  popular  vote. 

(ZnThe  Forum,  vol.  21,  June,  1896,  pp.  385-397.) 
Favorable. 

Election  of  United  States  Senator.?.     Remarks,  May  9,  1902. 

(In  Congressional  record,  vol.  3.5,  pt.  5,  pp.  5206,  5209.) 
Favors  popular  election. 

Moffett,  S.  E.     Is  the  Senate  unfairly'  constituted? 

{In  Political  science  quarterly,  vol.  10,  June,  1895,  pp.  248-256.) 

Money,  H.  De  S.     Election   of  United   States   Senators.      Speech, 
April  11,  1902. 

{In  Congressional  record,  vol.  35,  pt.  4,  pp.  3976-3979,  3983.) 
Favors  popular  election. 

Morgan,  John  T.     Election  of  United  States  Senators.      Remarks, 
May  9,  1902. 

{In  Congressional  record,  vol.  35,  pt.  5,  pp.  5209-5210.) 
Against  popular  election. 

Muller,  Nicholas.     Election  of  Senators  by  the  people.     Speech,  April 
12,  1900. 

(/n  Congressional  record,  vol.  33,  pt.  S,  appendix,  pp.  19Vt-200. ) 
Favors  popular  election. 

Nelson,  Henry  Loomis.     Shall  Senators  be  chosen  by  the  people? 
{In  Harper's  weekly,  vol.  44,  Feb.  3,  1900,  p.  113.) 
Favorable. 

North-way,  Stephen  A.     Election  of  United  States   Senators  by  the 
people.     Speech,  Julj'  20,  1894. 

{In  Congressional  record,  vol.  26,  pt.  8,  pji.  7763-7766,  7770.) 
Against  popular  election. 

Nullifying  the  popular  will. 

{In  The  Independent,  vol.  .55,  Jan.  29,  1903,  pp.  278-279.) 
Cites  the  deadlock  in  the  Colorado  legislature  as  enforcing  the  argu- 
ment for  popular  election. 

Palmer,  ,Tohn  M.     Election  of  Senators  b}'  the  people.     Speech,  Feb- 
ruary IS,  1892. 

{In  Congressional  record,  vol.  23,  pt.  2,  pp.  1267-1270.) 
Favors  popular  election. 

Sa7ne.     Remarks,  April  12,  1892. 

{In  Congressional  record,  vol.  23,  pt.  4,  pp.  3201-.3204.) 
Favors  popular  election. 

Election  of  Senators  by  direct  vote.     Speech,  June  5,  1896. 

{Tn  Congres.sional  record,  vol.  28,  pt.  7,  [)p.  6159-6161.) 
Favors  popular  election. 

Penrose,  Boies.     Election  of   Senators  by  direct  vote.      Submitted 
amendment,  March  14,  19(12. 

(7«  Congressional  record,  vol.  35,  pt.  3,  p.  2772.) 
Against  popular  election. 


POPULAR    ELECTION    OF   SENATORS  15 

Perkins,  George  C.     Election  of  Senators  by  direct  vote.     Speech, 
June  5,  1896. 

(/n  Congressional  record,  vol.  28,  pt.  7,  pp.  6152-6156.) 
Favors  popular  election. 

Pettus  E.  W.     Election  of  United  States  Senators.     Remarks,  May 
9,  1902. 

{In  Congressional  record,  \-ol.  ^ii,  pt.  5,  pp.  5205,  5209.) 
Against  popular  election. 

Piatt,  Orville    H.     Election   of    United  States   Senators.     Remarks, 
June  11.  1902. 

{In  Congressional  record,  vol.  .■?5,  pt.  7,  p.  6594.) 
Against  popular  election. 

Popular  election  of  Senators. 

{In  Public  opinion,  vol.  24,  iSIay  26,  1898,  p.  647.) 

"Open  and  serious  question." 
k 
Popular  election  of  Senators. 

{In  The  Outlook,  vol.  70,  Mar.  22,  1902,  p.  695.) 

Po^vers,  II.  Hem-}'.     Election  of  United  States  Senators  by  the  peo- 
ple.    Speech,  July  12,  1892. 

{In  Congressional  record,  vol.  23,  pt.  8,  appendix,  pp.  602-604.) 
Favors  popular  election. 

Election  of  Senators  by  the  people.     Remarks,  May  11,  1898. 

{In  Congressional  record,  vol.  31,  pt.  5,  pp.  4812—4814.) 
Favors  popular  election. 

Election  of  United  States  Senators.     Speech,  April  12,  1900. 

(7«  Congressional  record,  vol.  33,  pt.  5,  pp.  4112—4114.) 
Favors  popular  election. 

Reed,  Thomas  B.     Election  of  United  States  Senators  by  the  people. 
Remarks,  July  20,  189.1. 

{In  Congressional  record,  vol.  26,  pt.  8,  p.  7777.) 
Against  popular  election. 

Reform  in  Senatorial  elections. 

{In  The  Arena,  vol.  21,  March,  1899,  pp.  391-393.) 

Representation  in  the  United  States  Senate. 

(7)1  The  American  monthly  review  of  reviews,  vol.  27,  Feb.  1903, 
pp.  219-220.) 

Ridgely,  E.  R.     Election  of  United  States  Senators  by  the  people: 
direct  legislation  and  graduated  tax.    Speech,  May  11, 1898. 
{hi  Congressional  record,  vol.  31,  pt.  8,  appendix,  pp.  690-695.) 
Favors  popular  election. 

Robb,  Edward.     Election  of  United  States  Senators.    Remarks,  April 

12,  1900. 

(/)(  Congressional  record,  vol.  33,  pt.  5,  pp.  4123-4124.) 
Favors  popular  election. 


Ki  LIBRARY    OF    CONGRESS 

Rucker,  W.  W.     Election   of   United   States   Senators.      Remarks, 

April  12,  1900. 

(In  Congressional  record,  vol.  33,  pt.  5,  pp.  4109,  4110.) 
Favors  popular  election. 

Russell,  Alfred.     Dissatisfaction  with  the  Senate. 

{In  Michigan  political  science  association.      Publications,  vol.  1, 

May,  1S94,  pp.  41-48.) 
Favors  popular  election. 

Ryan,  J.  W.     Election  of  United  States  Senators.     Remarks,  April 

12,  1900. 

(In  Congressional  record,  vol.  33,  pt.  5,  pp.  4119-4121.) 
Favors  popular  election. 

Scott,   Owen.     Election  of  United  States  Senators  by  the  people. 
Remarks,  July  12,  1892. 

(Jn  Congressional  record,  vol.  23,. pt.  6,  pp.  6078-6079.) 

Senatorial  deadlocks. 

(Iji  Public  opinion,  vol.  26,  Mar.  30,  1899,  p.  388.) 
Favorable  to  popular  elections. 

Senatorial  elections. 

(In  Public  opinion,  vol.  30,  Jan.  31,  1901,  p.  133.) 

Senators  and  leg'islatures. 

(In  The  Outlook,  vol.  61,  Feb.  4,  1899,  p.  2.58.) 
Favorable  to  popular  elections. 

Shafroth,  John  T.     Election  of  Senators  by  the  people.     Remarks, 
May  11,  1898. 

(In  Congressional  record,  vol.  31,  pt.  .5,  pp.  4818-4819,  4824.) 
Favors  popular  election. 

Simpson,  Jerry.     Election  of  Senators  by  the  people.     Remarks,  May 

11,  1898. 

(In  Congressional  record,  vol.  31,  pt.  5,  pp.  4816-4817.) 
Favors  popular  election. 

Small,  John  M.     Election  of  Senators  by  the  people.     Speech,  April 

12,  1900. 

(In  Congressional  record,  vol.  33,  pt.  8,  appendix,  pp.  314-317.) 
Favors  popular  election. 

Spooner,  John  C.     Election  of  United  States  Senators.     Remarks, 
May  9,  1902. 

(In  Congressional  record,  vol.  3.5,  pt.  5,  pp.  5205,  5206,  5208.) 
Against  popular  election. 

Stewart,  William  M.     Election  of  Senators  by  direct  vote.     Speech, 
March  11.  1902. 

( In  Congressional  record,  vol.  35,  pt.  3,  pp.  2617-2618.) 
Against  popular  election. 


POPULAR  ELECTION  OF  SENATORS  .  17 

Sulzer,  William.     Election  of  Senators  by  the  people.     Speech,  May 
11,  1898. 

(In  Congressional  record,  vol.  31,  pt.  8,  appendix  pp.  461-452.) 
Favors  popular  election. 

Election  of  United  States  Senators.     Remarks,  April  12, 1900. 

(In  Congressional  record,  vol.  33,  pt.  5,  p.  4121.) 
Favors  popular  election. 

Todd,  Albert  M.     Election  of  Senators  by  the  people.     Speech,  May 
11,  1898. 

{In  Congressional  record,  vol.  31,  pt.  5,  pp.  4820-4824.) 
Favors  popular  election. 

Tongue,  Thomas  H.     Election  of  Senators  by  the  people.     Remarks, 
May  11,  1898. 

{In  Congressional  reco  rd,  vol.  31,  pt.  .5,  p.  4819.) 
Favors  popular  election. 

Tucker,  Henry  St.  George.     Election  of  United  States  Senators  by 
the  people.     Speech,  July  1^,  1892. 

( III  Congressional  record,  vol.  23,  pt.  6,  pp.  6060-6066. ) 
General  discussion,  pp.  6066-6079. 

Scwie.     Speech,  July  20,  1894. 

{In  Congressional  record,  vol.   26,  pt.   10,  appendix  2,  pp.  1134- 

1136.) 
Favors  popular  election. 

Turpie,  David.     Election  of  United  States  Senators  by  the  people. 
Speech,  Dec.  17,  1891. 

{In  Congressional  record,  vol.  23,  pt.  1,  pp.  76-80.) 
Favors  popular  election. 

Same.     Speech,  December  6,  1891. 

(in  Congressional  record,  v.  27,  pt.  1,  pp.  73-76.) 
Favors  popular  election. 

Same.     Speech,  February  0,  1896. 

{In  Congressional  record,  vol.  28,  pt.  2,  pp.  1382-1.385.) 
Favors  popular  election 

Election  of  Senators  by  direct  vote      Speech,  March  23,  1897. 

( /rt  Congressional  record,  vol.  30,  pt.  1,  pp.  169-173.) 
Favors  popular  election. 

Underwood,  Oscar  W.    Election  of  Senators  by  the  people.    Remarks, 
May  11,  1898. 

(/n  Congressional  record,  vol.  31,  pt.  5,  p.  4811.) 
Favors  popular  election. 

United  States.  4^d  Congr-e-in,  1st  session.  Senate  miscellaneous 
document  no.  66.  Resolution  of  the  legislature  of  Cali- 
fornia, in  favor  of  an  anicndnient  to  the  Constitution  of  the 
United  States,  providing  that  Senators  ma\'  be  elected  by  a 
direct  vote  of  the  people.  Feb.  18,  1871.  1  page.  8^. 
30318—04 2 


18  LIBRARY    OF    CONGRESS 

United  States.  Jf^jd  Congrcsfi,  lat  session.  Senate  miscellaneous 
(locuiaent  no.  fiO.  Resolution  of  the  legislature  of  Iowa,  in 
favor  of  an  amendment  to  the  Constitution,  providing  for 
the  election  of  United  States  Senators  tiy  a  direct  vote  of 
the  people.     Feb.  19,  1874.     1  page.     S-. 

53d  Congress,  1st  session.     Senate  report  no.  TlM.     Part  1. 

Report  by  Mr.  Chandler  from  the  Committee  on  Privileges 
and  Elections  presenting  a  statement  of  his  views  adverse 
to  the  passage  of  the  joint  resolution  (S.  R.  8)  for  submit- 
ting to  the  States  an  amendment  of  the  Constitution  pro- 
viding for  the  election  of  United  States  Senators  by  direct 
vote  of  the  people.     June  8,  1892.     3  pp.     8^. 

Senate  report  no.  794.    Part  2.    Views  of  the  minorit3^ 


Report  b}^  Mr.  Mitchell  [of  the  Committee  on  Privileges  and 
Elections  favoring  the  election  of  United  States  Senators 
by  a  direct  vote  of  the  people].     July  1,1892.     11pp.     8^. 

Senate  miscellaneous  document  no.   89.     Resolution 


relative  to  choosing  United  States  Senators.    Mar.  7, 1892. 
1  page.     8°. 

House  report  no.  308.    Election  of  Senators.     Report 


b\'  Mr.  Tucker,  from  the  Select  Committee  on  the  Election 
of  President  and  Vice-President  and  Representatives  in 
Congress.     Feb.  16,  1892.     5  pp.     8°. 

Reports  favorably  on  the  "Joint  resolution  proposiiiu;  an  amend- 
ment to  the  Constitution  providing  that  Senators  shall  be  elected 
by  the  people  of  the  several  States." 

House  report  no.  308.     Part  2.     Election  of  United 


States  Senators.     Views  of  the  minority.     Report  by  Mr. 

Rushnell  of  the  Select  Committee  on  Election  of  President 

and   Vice-President  and  Senators  and  Representatives  in 

Congress.     Feb.  16,  1892.     3  pp.     8'^. 

The  minority  report  proposes  "a  constitutional  amendment  that 
will  periiiil  the  election  of  United  States  Senators  by  direct  vote 
of  the  people,  when  the  people  of  any  State  shall  so  desire,  and 
not  compel  any  State  to  do  so,  if  they  prefer  to  retain  the  present 
method." 

53d  Congress,  2d  session.  Senate  miscellaneous  document  no. 
97.  Resolution  providing  for  amendments  to  the  Consti- 
tution regulating  the  election  of  President  and  Vice- 
President  of  the  United  States,  and  the  election  of  United 
States  Senators  by  a  direct  vote  of  the  people.  Feb.  22, 
1894.     1  page.     S-. 


POPULAR   ELECTION    OF    SENATORS  19 

United  States.  o3d  Congress,  2d  session.  House  report  no.  944. 
Election  of  Senators  by  the  people.  Report  by  ^Ir.  Tucker, 
from  the  Comnnttee  on  Election  of  President  and  Vice- 
President  and  Representatives  in  Congress.  May  22, 1894. 
7  pp.     8°. 

Includes  House  report  no.  368,  52d  Congress,  1st  session. 

Favors  popular  election. 

53d  Congress,  3d  session.    Senate  report  no.  916.    Views  of  the 

minorit}'  of  the  Comiuittee  on  Privileges  and  Elections, 
favoring  the  election  of  United  States  Senators  by  direct 
vote  of  the  people,  presented  by  Mr.  Turpie.  Feb.  12, 
1895.     3  pp.     8-. 

Proposes  an  amendment  to  the  Constitution,  by  which  Senators 
shall  be  elected  by  direct  vote  of  the  people. 

Senate  miscellaneous  document    no.    1.      Resolution 

relative  to  election  of  United  States  Senators  by  direct  vote 
of  the  people.     Dec.  3,  1894.     1  page.     8-. 

5I^tJl.  Congress,  1st  session.     Senate  report  no.  530.     Report 

by  Mr.  Mitchell,  from  the  Committee  on  Privileges  and 
Elections,  to  whom  was  referred  "Joint  resolution  pro- 
posing an  amendment  to  the  Constitution  of  the  United 
States  providing  for  the  election  of  Senators  by  the  votes 
of  the  qualified  electors  of  the  States."  March  20,  1896. 
11  pp.     8^. 

Favors  popular  election. 

Senate  report  no.  530,  part  2.    Views  of  the  minoi-ity, 

presented  by  Mr.  Chandler.     June  5,  1896.     3  pp.     8°. 
Against  popular  election. 

—     House  report  no.  994.     Election  of  the  United  States 


Senators.  Report  by  Mr.  Corliss,  from  the  Committee  on 
Election  of  President,  Vice-President,  and  Representatives 
in  Congress.     March  30,  1896.     6  pp.     8°. 

"The  object  of  this  resolution  is  to  place  in  the  hands  of  the  people 
of  the  respective  States  the  right,  if  they  so  elect  by  constitutional 
or  legislative  enactment,  to  afford  the  people  the  privilege  of 
expressing  by  direct  vote  their  will  in  the  election  of  a  United 
States  Senator." 
Views  of  the  minority,  pp.  .5-6. 
Favors  popular  election. 

ooth  Congress,  2d  session.  House  report  no.  125.  Election 
of  United  States  Senators.  Report  by  Mr.  Corliss,  from 
the  Conmiittee  on  Election  of  President.  Vice-President, 
and  Representatives  m  Congress.  January  12,  1898.  6 
pp.     8-. 

Favors  popular  election. 

Views  of  the  minority,  pp.  5-6. 


20  LIBKAKr    OF    CONGKESS 

United  States.  -567 /<  Co/K/ns-s.  Isf  session.  House  iTport  no.  88. 
Kk'ction  of  United  States  Senators.  Report  by  Mr.  Cor- 
liss, from  the  Committee  on  Election  of  President.  Vice- 
President,  and  Representatives  in  Congress.  January  22, 
1900.     6  pp.     8°. 

House  report  no.  88.     Part  2.     Same.     Views  of  the 


minority,  presented  by  Mr.  Rucker.     February  7, 1900.     2 

pp.     8^". 

The  majority  report  favors  making  optional  with  the  states  "the 
privilege  of  expressing  by  direct  vote  their  will  in  the  election  of 
a  United  States  Senator."  The  minority  report  advocates  a  con- 
stitutional amendment  requiring  that  Senators  "shall  be  elected 
by  a  direct  vote  of  the  people  thereof  for  a  term  of  six  years." 

57th  Congress.,  1st  .session.  Senate  document  no.  399.  Elec- 
tion of  United  States  Senators  by  the  people.  List  of  prin- 
cipal speeches  and  reports  made  in  Congress  in  recent  years 
upon  the  proposed  change.     June  9, 1902.     2  pp.     8°. 

Senate  document  no.  -106.     Election  of  United  States 


Senators  by  the  people.  List  of  principal  speeches  and 
reports  made  in  Congress  in  recent  years  upon  the  proposed 
change  in  the  method  of  electing  Senators.  Also,  a  reprint 
of  principal  documents  relating  to  the  subject  of  the  elec- 
tion of  United  States  Senators.  Prepared  in  the  Senate 
Library,  by  Clifford  Warden. 
Washington :  Government  printing  office.,  1902.  36  pp.  8°. 
Cover-title. 

Contains  reprints  of  the  following  documents; 
52d  Congress,  1st  session.  Senate  mis.  doc.  no.  89;  53d  Congress, 
special  session.  Senate  mis.  doc.  no.  31;  53d  Congress,  2d  session. 
Senate  mis.  doc.  no.  97;  53d  Congress,  2d  session.  Senate  mis. 
doc.  no.  104;  53d  Congress,  3d  session.  Senate  mis.  doc.  no.  1; 
54th  Congress,  2d  session.  Senate  doc.  no.  26;  57th  Congress,  1st 
session.     Senate  doc.  no.  404. 

House  report  no.  125.     Election  of  United  States  Sen- 


ators.    Report   133-  Mr.   Corliss,  from  the  Committee  on 
Election  of  President,  Vice-President,  and  Representatives 
in  Congress.     January  21,  1902.     6  pp.     8^. 
Favors  popular  election. 

Vest,  George  G.     Election  of   United  States  Senators.     Remarks, 
June  11.  1902. 

{In  Congressional  recoid,  vol.  45,  pt.  7,  pp.  6595,6596.) 
Against  popular  election. 


POPULAR   ELECTION   OF   SENATOES  21 

Wilson,  James.  Speech  on  choosing  the  members  of  the  Senate  by 
electors;  delivered,  on  31st  Deceml)er,  1789,  in  the  conven- 
tion of  Pennsj'lvania,  assembled  for  the  purpose  of  review- 
ing, altering,  and  amending  the  constitution  of  the  state. 

{Tn  his  Works,  vol.  3,  pp.  313-336.     Philadelphia,  1804.     8°.) 

Winchester,  Boyd.     The  House  and  the  election  of  Senators. 
{In  The  Arena,  vol.  24,  July,  1900,  pp.  14-20.) 
Unfavorable. 

Ziegler,  Edward  D.  Election  of  United  States  Senators.  Remarks, 
April  12,  1900. 

(/"  Congressional  record,  vol.  33,  pt.  5,  pp.  4114-4117.) 
Favors  popular  election. 


APPENDIX 

DEBATES    ON    THE    ELECTION    OF    SENATORS    IN    THE 
FEDERAL  CONVENTION   OF   1787 

Tuesday,  May  i!9TH. 

In  Convention, — *     *     * 

Mr.  Randolph  then  opened  the  main  business: —    *     *     * 

He  proposed,  as  conformable  to  his  ideas,  the  following  resolutions, 

which  he  explained  one  Vjy  one: 

*  *  *  *  *  *  * 

5.  "Resolved,  that  the  members  of  the  second  liranch  of  the  National  Legislature 
ought  to  be  elected  by  those  of  the  first,  out  of  a  proper  number  of  persons  nominated 

by  the  individual  Legislatures,  to  be  of  the  age  of years  at  least;  to  hold  their 

offices  for  a  term  sufficient  to  ensure  their  independency;  to  receive  liberal  stipends, 
by  which  they  may  be  corapensateil  for  the  devotion  of  their  time  to  tlie  public 
service;  and  to  be  ineligible  to  any  office  established  by  a  particular  State  or  under 
the  authority  of  the  United  States,  except  those  peculiarly  belonging  to  the  functions 

of  the  second  branch,  during  the  term  of  service;  and  for  the  space  of  after  the 

expiration  thereof."     *     *     » 

Mr.  Charles  Pinckney  laid  before  the  House  the  draft  of  a  federal 
government  which  he  had  prepared,  to  be  agreed  upon  between  the 
free  and  independent  States  of  America: 

**«*»«♦ 

Article  IY. 

"The  Senate  shall   be  elected  and   chosen   by  the  House  of  Delegates;   which 

House,  immediately  after  their  meeting,  shall  choose  by  ballot Senators  from 

among  the  citizens  and   residents  of   New  Hampshire;  from  among  those  of 

Massachusetts;  from  among  those  of  Rhode  Island;  from  among  those  of 

Connecticut;  from  among  those  of  New  York;  from  among  those  of  New 

Jersey;  from  among  those  of  Pennsylvania;  from  among  those  of  Delaware; 

from  among  those  of  Maryland;  from  among  those  of  Virginia;  from 

among  those  of  North  Carolina;  from  among  those  of  South  Carolina;  and 

from  among  those  of  Georgia.  The  Senators  chosen  from  New  Hampshire,  Jlassa- 
chusetts,  Rhode  Island,  and  Connecticut,  shall  form  one  class;  those  from  New  York, 
New  Jersey,  Pennsylvania,  and  Delaware,  one  class;  and  those  from  Maryland, 
Virginia,  North  Carolina,  South  Carolina,  and  Georgia,  one  class.     The  House  of 

23 


24  DEBATES  IN  FEDERAL  CONVENTION 

Delegates  shall  luiinbtT  these  classes  one,  two,  and  three;  and  fix  the  times  of  their 

service  by  lot.     The  first  class  shall  serve  for years;  the  second  for years; 

and  the  third  for years.  As  their  times  of  service  expire,  the  House  of  Dele- 
gates shall  fill  them  up  by  elections  for years;  and  they  shall  fill  all  vacancies 

that  arise  from  death  or  resignation,  for  the  time  of  service  remaining  of  the  mem- 
bers so  dying  or  resigning.     Each  Senator  shall  be years  of  age  at  least;  and 

shall  have  been  a  citizen  of  the  United  States  for  four  years  before  his  election;  and 
shall  be  a  resident  of  the  State  he  is  chosen  from.  The  Senate  shall  choose  its  own 
officers. 

Article  X. 
"Immediately  after  the  first  census  of  the  people  of  the  United  States,  the  House 
of  Delegates  shall  apportion  the  Senate  by  electing  for  each  State,  out  of  the  citizens 

resident  therein,  one  Senator  for  every members  each  State  shall  have  in  the 

House  of  Delegates.  Each  State  shall  be  entitled  to  have  at  least  one  member  in  the 
Senate."     *    *    * 


Thursday,  Mat  31st. 

William  Pierce,  from  Georgia,  took  his  seat. 

In  the  Committee  of  the  Whoh'  on  Mr.  Randolph's  propositions, — 
The  third  Resolution,  "  that  the  National  Legislature  ought  to  consist 
of  tii^o  Tjranchex,"  was  agreed  to  without  debate,  or  dissent,  except  that 
of  Pennsylvania,  given  probabl}-  from  complaisance  to  Dr.  Franklin, 
who  was  under.stood  to  be  partial  to  a  single  house  of  legislation. 

The  fourth  Re.solution,  first  clause,  ''that  the  memhers  of  the  first 
hranch  of  the  National  Legislature  ought  to  he  elected  hy  the  people  of 
the  several  States,''''  being  taken  up: 

Mr.  Sherman  opposed  the  election  by  the  people,  insisting  that  it 
ought  to  be  b}-  the  State  Legislatures.  The  people,  he  said,  immedi- 
ately, should  have  as  little  to  do  as  may  be  about  the  government. 
They  want  information,  and  are  constantly  liable  to  be  misled. 

Mr.  Gerry.  The  evils  we  experience  flow  from  the  excess  of  democ- 
racy. The  people  do  not  want  virtue,  but  are  the  dupes  of  pretended 
patriots.  In  Massachusetts  it  had  been  fully  confirmed  by  experience, 
that  they  are  dailv  misled  into  the  most  baneful  measures  and  opinions, 
by  the  false  I'eports  circulated  b\-  designing  men,  and  which  no  one  on 
the  spot  can  refute.  One  principal  evil  arises  from  the  want  of  due 
provision  for  those  employed  in  the  administration  of  government.  It 
wotild  seem  to  be  a  maxim  of  democracy  to  starve  the  public  servants. 


ELECTION    OF   SENATORS  25 

He  mentioned  the  popular  chimor  in  Massachusetts  for  the  reduction 
of  salaries,  and  the  attack  made  on  that  of  the  Governor,  though 
secured  by  the  spirit  of  the  Constitution  itself.  He  had,  he  said,  been 
too  republican  heretofore:  he  was  still,  however,  republican;  but  had 
been  taught  b}^  experience  the  danger  of  the  levelling  spirit. 

Mr.  Mason  argued  strongly  for  an  election  of  the  larger  branch  by 
the  people.  It  was  to  be  the  grand  depository  of  the  democratic  prin- 
ciple of  the  government.  It  was,  so  to  speak,  to  be  our  House  of 
Commons.  It  ought  to  know  and  sympathize  with  every  part  of  the 
community;  and  ought  therefore  to  be  taken,  not  only  from  different 
parts  of  the  whole  republic,  but  also  from  different  districts  of  the 
larger  members  of  it;  which  had  in  several  instances,  particularly  in 
Virginia,  different  interests  and  views  arising  from  difference  of  prod- 
uce, of  habits,  &c.,  &c.  He  admitted  that  we  had  been  too  democratic, 
but  was  afraid  we  should  incautiously  run  into  the  opposite  extreme. 
We  ought  t)  attend  to  the  riglits  of  every  class  of  the  people.  He 
had  often  wondered  at  the  indifference  of  the  superior  classes  of  society 
to  this  dictate  of  humanity  and  policy;  considering,  that,  however 
affluent  their  circumstances,  or  elevated  their  situations,  might  be,  the 
course  of  a  few  years  not  only  might,  but  certainly  would,  distribute 
their  posterity  throughout  the  lowest  classes  of  societj'.  Every  selHsh 
motive,  therefore,  ever}'  family  attachment,  ought  to  recommend  such 
a  system  of  policy  as  would  provide  no  less  carefully  for  the  rights 
and  happiness  of  the  lowest,  than  of  the  highest,  order  of  citizens. 

Mr.  Wilson  contended  strenuously  for  drawing  the  most  numerous 
branch  of  the  Legislature  immediateh'  from  the  people.  He  was  for 
raising  the  federal  pyramid  to  a  considerable  altitude,  and  for  that 
reason  wished  to  give  it  as  broad  a  basis  as  possible.  No  government 
could  long  subsist  without  the  confidence  of  the  people.  In  a  repub- 
lican government,  this  confidence  was  peculiarly  essential.  He  also 
thought  it  wrong  to  increase  the  weight  of  the  State  Legislatures  by 
making  them  the  electors  of  the  National  Legislature.  All  interfer- 
ence between  the  general  and  local  governments  should  be  obviated  as 
much  as  possible.  On  examination  it  would  be  found  that  the  oppo- 
sition of  the  States  to  Federal  measures  had  proceeded  nuicii  more 
from  the  officers  of  the  States  than  from  the  people  at  large. 

Mr.  Madison  considered  the  popular  election  of  one  branch  of  the 
National  Legislature  as  essential  to  every  plan  of  free  government.    He 


26  DEBATES  IN  FEDERAL  CONVENTION 

o1)served  that  in  some  of  the  States  one  branch  of  the  Legislature  was 
eomposed  of  men  already  removed  from  the  people  by  an  intervening 
body  of  electors.  That  if  the  first  branch  of  the  General  Legislature 
should  be  elected  by  the  State  Legislatures,  the  second  branch  elected 
by  the  first,  the  Executive  by  the  second  together  with  the  first,  and 
other  appointments  again  made  for  subordinate  purposes  b}-  the  Execu- 
tive, the  people  would  be  lost  sight  of  altogether;  and  the  necessary 
sympathj'  between  them  and  their  rulers  and  oiBcers  too  little  felt. 
He  was  an  advocate  for  the  policj-  of  refining  the  popular  appoint- 
ments by  successive  tiltrations,  but  thought  it  might  be  pushed  too 
far.  He  wished  the  expedient  to  be  resorted  to  only  in  the  appointment 
of  the  second  branch  of  the  Legislature  and  in  the  executive  and  judi- 
ciary branches  of  the  Government.  He  thought,  too,  that  the  great 
fabric  to  be  raised  would  be  more  stable  and  durable,  if  it  should  rest 
on  the  solid  foundation  of  the  people  themselves,  than  if  it  should 
stand  mei'ely  on  the  pillars  of  the  Legislatures. 

Mr.  Gerrv  did  not  like  the  election  by  the  people.  The  maxims 
taken  from  tlie  British  constitution  were  often  fallacious  when  applied 
to  our  situation,  which  was  extremely  ditferent.  Experience,  he  said, 
had  shown  that  the  State  Legislatures,  drawn  inunediately  from  the 
people,  did  not  always  possess  their  confidence.  He  had  no  objection, 
however,  to  an  election  by  the  people,  if  it  were  so  qualified  that  men 
of  honor  and  character  might  not  be  unwilling  to  be  joined  in  the 
appointments.  He  seemed  to  think  the  people  might  nominate  a  cer- 
tain number,  out  of  which  the  State  Legislatures  should  l)e  bound  to 
choose. 

Mr.  RuTi.ER  thought  an  election  by  the  people  an  impracticable 
mode. 

On  the  question  for  an  election  of  the  first  branch  of  the  National 
Legislature,  by  the  people,  Massachusetts,  New  York,  Pennsylvania, 
Virginia,  North  Carolina,  Georgia — aye,  6;  New  Jersey,  South  Caro- 
lina— no,  2;  Connecticut,  Delaware,  divided. 

The  remaining  clauses  of  the  fourth  Resolution,  relating  to  the 
qualifications  of  members  of  the  National  Legislature,  being  postponed, 
nem.  co?i.,as  entering  too  much  into  detail  for  general  propositions, — 

The  Committee  proceeded  to  the  fifth  Resolution,  that  the  second  [w 
senatorial]  hranch  of  the  National  Legidature  ought  to  he  chonen  hy 
the  first  hranch,  out  of  the  persons  nominated  hy  tlie  State  Legislatures. 


ELECTION   OF   SENATORS  27 

Mr.  Spaight  contended,  that  the  second  liranch  ought  to  be  chosen 
by  the  State  Legislatures,  and  moved  an  amendment  to  that  effect. 

Mr.  Butler  apprehended  that  the  taking  of  so  manj-  powers  out  of 
the  hands  of  the  States  as  was  i:)roposed,  tended  to  destroy  all  that 
balance  and  security  of  interests  among  the  States  which  it  was 
necessary  to  preserve;  and  called  on  Mr.  Randolph,  the  mover  of 
the  propositions,  to  explain  the  extent  of  his  ideas,  and  particularly 
the  number  of  members  he  meant  to  assign  to  this  second  l>ranch. 

Mr.  Randolph  observed  that  he  had,  at  the  time  of  offering  his 
propositions,  stated  bis  ideas  as  far  as  the  nature  of  general  proposi- 
tions required:  that  details  made  no  part  of  the  plan,  and  could  not 
perhaps  with  propriety  have  been  introduced.  If  he  was  to  give  an 
opinion  as  to  the  number  of  the  second  branch,  he  should  say  that  it 
ought  to  be  much  smaller  than  that  of  the  first;  so  small  as  to  be 
exempt  from  the  passionate  proceedings  to  which  numerous  assem- 
blies are  liable.  He  observed,  that  the  general  object  was  to  provide 
a  cure  for  the  evils  under  which  the  United  States  labored;  that  in 
tracing  these  evils  to  their  origin,  every  man  had  found  it  in  the 
turbulence  and  follies  of  democracy;  that  some  check  therefore  was 
to  be  sought  for,  against  this  tendency  of  our  governments;  and  that 
a  good  Senate  seemed  most  likely  to  answer  the  purpose. 

Mr.  King  reminded  the  Committee  that  the  choice  of  the  second 
branch  as  proposed  (by  Mr.  Spaight)  viz.,  b}"  the  State  Legislatures, 
would  be  impracticable,  unless  it  was  to  be  verj'  numerous,  or  the  idea 
of  proportion  among  the  States  was  to  be  disregarded.  According  to 
this  idea,  there  must  be  eighty  or  a  hundred  members  to  entitle  Dela- 
ware to  the  choice  of  one  of  them. 

Mr.  Spaight  withdrew  his  motion. 

Mr.  Wilson  opposed  both  a  nomination  by  the  State  Legislatures, 
and  an  election  by  the  first  branch  of  the  National  Legislature,  becau.se 
the  second  branch  of  the  latter  ought  to  be  independent  of  both. 
He  thought  both  branches  of  the  National  Legislature  ought  to  be 
chosen  by  the  people,  but  was  not  prepared  with  a  specific  proposi- 
tion. He  suggested  the  mode  of  choosing  the  Senate  of  New  York, 
to  wit,  of  uniting  several  election  districts  for  one  branch,  in  choosing 
members  for  the  other  branch,  as  a  good  model. 

Mr.  Madison  oVjserved,  that  such  a  mode  would  destroy  the  influ- 
ence of  the  smaller  States  a.ssociated  with  larger  ones  in  the  same 


28  DEBATES  IN  FEDERAL  CONVENTION 

district;  as  the  latter  would  ehoose  from  within  themselves,  although 
better  men  might  be  found  in  the  former.  The  election  of  Sena- 
tors in  Virginia,  where  large  and  small  counties  were  often  formed 
into  one  district  for  the  purpose,  had  illustrated  this  consequence. 
Local  partiality  would  often  prefer  a  resident  within  the  county  or 
State,  to  a  candidate  of  superior  merit  residing  out  of  it.  Less 
merit  also  in  a  resident  would  be  more  known  throughout  his  own 
State. 

Mr.  Sherman  favored  an  election  of  one  member  by  each  of  the 
State  Legislatures. 

Mr.  PixcKNEY  moved  to  strike  out  the  "nomination  by  the  State 
Legislatures;"  on  this  question — "Massachusetts,  Connecticut,  New 
York.  New  Jersey.  Pennsylvania.  Virginia,  North  Carolina,  South 
Carolina,  Georgia,  no — 9;  Delaware,  divided. 

On  the  whole  question  for  electing  by  the  first  branch  out  of 
nominations  by  the  State  Legislatures — Mas.sachusetts,  Virginia, 
South  Carolina,  aye — 3;  Connecticut,  New  York,  New  Jersey,  Penn- 
sylvania, Delaware,  North  Carolina,  Georgia,  no — 7. 

So  the  clause  was  disagreed  to.  and  a  chasm  left  in  this  part 
of   the   plan. 


Thursday,  June  7th. 

In  Committee  of  the  Whole. — Mr.  Pinckney,  according  to  notice, 
moved  to  reconsider  the  clause  respecting  the  negative  on  State  laws, 
which  was  agreed  to,  and  to-morrow  fixed  for  the  purpose. 

The  clause  providing  for  the  appointment  of  the  second  branch  of 
the  National  Legislature,  having  lain  blank  since  the  last  vote  on  the 
mode  of  electing  it,  to  wit,  by  the  first  branch,  Mr.  Dickinson  now 
moved  "that  the  members  of  the  second  branch  ought  to  be  chosen 
by  the  individual  Legislatures." 

Mr.  Sherman  seconded  the  motion;  observing,  that  the  particular 
States  would  thus  become  interested  in  supporting  the  National  Gov- 
ernment, and  that  a  due  harmony  between  the  two  governments  would 
be  maintained.  He  admitted  that  the  two  ought  to  have  separate  and 
distinct  jurisdictions,  but  that  they  ought  to  have  a  mutual  interest  in 
supporting  each  other. 

"This  question  is  omitted  in  the  printed  Journal,  and  the  votes  applied  to  the 
succeeding  one,  instead  of  the  votes  as  here  stated. 


ELKCTION    OF   SENATORS  29 

Mr.  PiNCKNET.  If  the  small  States  should  be  allowed  one  Senator 
only,  the  number ~will  be  too  great;  there  will  be  eighty,  at  least. 

Mr.  Dickinson  had  two  reasons  for  his  motion — first,  because  the 
sense  of  the  States  would  be  better  collected  through  their  Govern- 
ments, than  immediately  from  the  people  at  large;  secondly,  because 
he  wished  the  Senate  to  consist  of  the  most  distinguished  characters, 
distinguished  for  their  rank  in  life  and  their  weight  of  property,  and 
bearing  as  strong  a  likeness  to  the  British  House  of  Lords  as  possible; 
and  he  thought  such  characters  more  likely  to  be  selected  by  the  State 
Legislatures,  than  in  an\'  other  mode.  The  greatness  of  the  number 
was  no  objection  with  him.  He  hoped  there  would  be  eighty,  and 
twice  eighty,  of  them.  If  their  number  should  be  small,  the  popular 
branch  could  not  be  balanced  ))y  them.  The  Legislature  of  a  numerous 
people  ought  to  be  a  numerous  body. 

Mr.  Williamson  preferred  a  small  number  of  Senators,  but  wished 
that  each  State  should  have  at  least  one.  He  suggested  twenty-five 
as  a  convenient  number.  The  different  modes  of  rei^resentation  in 
the  different  branches  will  serve  as  a  mutual  check. 

Mr.  Butler  was  anxious  to  know  the  ratio  of  representation  before 
he  gave  any  opinion. 

Mr.  W1L.SON.  If  we  are  to  establish  a  National  Government,  that 
government  ought  to  flow  from  the  people  at  large.  If  one  branch 
of  it  should  be  chosen  by  the  Legislatures  and  the  other  by  the  people, 
the  two  branches  will  rest  on  ditterent  foundations,  and  dissensions 
will  naturally  arise  between  them.  He  wished  the  Senate  to  be  elected 
by  the  people,  as  well  as  the  other  branch;  the  people  might  be 
divided  into  proper  districts  for  the  purpose;  and  he  moved  to  post- 
pone the  motion  of  Mr.  Dickinson,  in  order  to  take  up  one  of  that 
import. 

Mr.  Morris  seconded  him. 

Mr.  Read  proposed  '"that  the  Senate  should  be  appointed,  by  the 
Executive  magistrate,  out  of  a  proper  number  of  persons  to  be  nomi- 
nated by  the  individual  Legislatures."  He  said  he  thought  it  his  duty 
to  speak  his  mind  frankly.  Gentlemen  he  hoped  would  not  be 
alarmed  at  the  idea.  Nothing  short  of  this  approach  towards  a  proper 
model  of  government  would  answer  the  purpose,  and  he  thought  it 
best  to  come  directly  to  the  point  at  once.  His  proposition  was  not 
seconded  nor  supported. 

Mr.  Mauison.  If  the  motion  (of  Mr.  Dickinson)  should  be  agreed 


30  DEBATES  IN  FEDERAL  CONVENTION 

to,  we  must  either  depart  from  the  doctrine  of  proportional  repre- 
sentation, or  admit  into  the  Senate  a  very  large  number  of  members. 
The  first  is  inadmissible,  being  evidently  unjust.  The  second  is  inex- 
pedient. The  use  of  the  Senate  is  to  consist  in  its  proceeding  with 
more  coolness,  with  more  system,  and  with  more  wisdom,  than  the 
popular  branch.  Enlarge  their  numl)er,  and  vou  communicate  to 
them  the  vices  which  they  are  meant  to  correct.  He  ditfored  from 
Mr.  Dickinson,  who  thought  that  the  additional  number  would  give 
additional  weight  to  the  body.  On  the  contrary,  it  appeared  to 
him  that  their  weight  would  be  in  an  inverse  ratio  to  their  num- 
bers. The  example  of  the  Roman  tribunes  wa.s  applicable.  They 
lost  their  influence  and  power,  in  proportion  as  their  number  was 
augmented.  The  reason  seemed  to  be  obvious:  they  were  appointed 
to  take  care  of  the  popular  interests  and  pretentions  at  Rome; 
because  the  people  by  reason  of  their  numbers  could  not  act  in 
concert,  and  were  liable  to  fall  into  factions  among  themselves,  and 
to  become  a  prev  to  their  aristocratic  adversaries.  The  more  the 
representatives  of  the  people,  therefore,  were  multiplied,  the  more 
they  partook  of  the  intii-mities  of  their  constituents,  the  more  liable 
they  became  to  be  divided  among  themselves,  either  from  their  own 
indisci'etions  or  the  artifices  of  the  opposite  faction,  and  of  course 
the  less  capable  of  fulfilling  their  trust.  When  tlu'  weight  of  a  set 
of  men  depends  merely  on  their  personal  characters,  the  greater 
the  num!)er,  the  greater  the  weight.  When  it  depends  on  the  degree 
of  ))olitical  authority  lodged  in  them,  the  smaller  the  number,  the 
greater  the  weight.  These  considerations  might  perhaps  be  com- 
bined in  the  intended  Senate;  but  the  latter  was  the  material  one. 
Mr.  (terrt.  Four  modes  of  appointing  the  Senate  have  been 
mentioned.  First,  ))y  the  first  branch  of  the  National  Legislature, — 
this  would  create  a  dependence  contrary  to  the  end  proposed. 
Secondly,  liy  the  National  Executive, — this  is  a  stride  towards  mon- 
archy that  few  will  think  of.  Thirdly,  by  the  people;  the  people 
have  two  great  interests,  the  landed  interest,  and  the  commercial, 
including  the  stockholders.  To  draw  both  branches  from  the  peo- 
ple will  leave  no  security  to  the  latter  interest:  the  people  being 
chiefly  composed  of  the  landed  interest,  and  erroneously  supposing 
that  the  other  interests  are  adverse  to  it.  Fourthly,  by  the  indi- 
vidual Legislatures,— the  elections  being  carried  throuah  this  refine- 


ELECTION    OF   SENATORS  31 

ment,  will  be  most  like  to  provide  some  check  in  favor  of  the  com- 
mercial interest  against  the  landed;  without  which,  oppression  will 
take  place;  and  no  free  government  can  last  long  where  that  is  the 
case.     He  was  therefore  in  favor  of  this  last. 

Mr.  Dickinson."  The  preservation  of  the  States  in  a  certain  degree 
of  agenc}'  is  indispensable.  It  will  produce  that  collision  between 
the  different  authorities  which  should  be  wished  for  in  order  to  check 
each  other.  To  attempt  to  a})oli>.h  the  States  altogether,  would 
degrade  the  councils  of  our  country,  would  ))e  impracticaljle,  would 
be  ruinous.  He  compared  the  proposed  national  system  to  tiic  solar 
system,  in  which  the  States  were  the  planets,  and  ought  to  be  left 
to  move  freely  in  their  proper  orbits.  The  gentleman  from  Pennsyl- 
vania (Mr.  Wilson)  wished,  he  said,  to  extinguish  these  planets. 
If  the  State  Governments  were  excluded  from  all  agency  in  the 
national  one,  and  all  power  drawn  from  the  people  at  large,  the  con- 
secjuence  would  be  that  the  National  Government  would  move  in  the 
same  direction  as  the  State  governments  now  do,  and  would  run  into 
all  the  same  mischiefs.  The  reform  would  only  unite  the  thirteen 
small  streams  into  one  great  curicnt.  pursuing  the  same  course  with- 
out any  opposition  whatever.  He  adhered  to  the  opinion  that  the 
Senate  ought  to  be  composed  of  a  large  number;  and  that  their  influ- 
ence, from  family  weight  and  other  causes,  would  be  increased 
thereb3'.  He  did  not  admit  that  the  Tribunes  lost  their  weight  in 
proportion  as  their  number  was  augmented,  and  gave  an  historical 
sketch  of  this  institution.  If  the  reasoning  {of  IMr.  Madison)  was 
good,  it  would  prove  that  the  nunil)er  of  the  Senate  ought  to  l)e 
reduced  below  ten,  tiie  hightest  number  of  the  Tribunitial  corps. 

Mr.  Wilson.  The  subject,  it  must  be  owned,  is  surrounded  with 
doubts  and  difhculties.  But  we  must  surmount  them.  The  British 
Government  cannot  be  our  model.  We  have  no  materials  for  a 
similar  one.  Our  manners,  our  laws,  the  abolition  of  entails  and 
of  primogeniture,  the  whole  genius  of  the  people,  are  opposed  to  it. 
He  did  not  see  the   danger  of   the  States   being  devoured    )iy  the 

olt  will  throw  light  on  this  discussion  to  remark  tliat  an  election  ))y  the  State 
Legislatures  involved  a  surrender  of  the  princijile  insisted  on  by  the  large  States, 
and  dreaded  by  the  small  ones,  namely,  that  (if  a  proportional  representation  in 
the  Senate.  Such  a  rule  would  make  the  body  too  numerous,  as  the  smallest 
State  must  elect  one  member  at  lea.'^t. 


32  DEBATES  IN  FEDERAL  CONVENTION 

Nationiil  Government.  On  the  contrary,  he  wished  to  keep  them 
from  dcvourino-  the  National  Government.  He  was  not,  however, 
for  extinguishing  these  planets,  as  was  supposed  by  Mr.  Dickinson; 
neither  did  he,  on  the  other  hand,  believe  that  they  svould  warm  or 
enlighten  the  sun.  Witliin  their  proper  orliits  they  must  still  be 
suffered  to  act  for  subordinate  purposes,  for  which  their  existence  is 
made  e.ssential  hj  the  great  extent  of  our  country.  He  could  not 
comprehend  in  what  manner  the  landed  interest  would  be  rendered 
less  predominant  in  the  Senate  l>y  an  election  through  the  medium  of 
the  Legislatures,  than  by  the  people  themselves.  If  the  Legislatures, 
as  was  now  complainetl,  sacriticed  the  commercial  to  the  landed  inter- 
est, what  reason  was  there  to  expect  such  a  choice  from  them  as  would 
defeat  their  own  views?  He  was  for  an  election  liy  the  people,  in 
large  districts,  which  would  be  most  likely  to  obtain  men  of  intelli- 
gence and  uprightness;  subdividing  the  districts  onlj'  for  the  accom- 
modation of  voters. 

Mr.  Madison  could  as  little  comprehend  in  what  manner  family 
weight,  as  desired  by  Mr.  Dickinson,  would  be  more  certainly  con- 
veyed into  the  Senate  through  elections  by  the  State  Legislatures,  than 
in  some  other  modes.  The  true  question  was,  in  what  mode  the  best 
choice  would  be  made?  If  an  election  by  the  people,  or  through  any 
other  channel  than  the  State  Legislatures,  promised  as  uncorrupt  and 
impartial  a  preference  of  merit,  there  could  surelj"  be  no  necessity 
for  an  appointment  by  those  Legislatures.  Nor  was  it  apparent  that 
a  more  useful  check  would  be  derived  through  that  channel,  than 
from  the  people  through  some  other.  Tlie  great  evils  complained  of 
were,  that  the  State  Legislatures  ran  into  schemes  of  paper-money,  &c., 
whenever  solicited  by  the  people,  and  sometimes  without  even  the 
sanction  of  the  people.  Their  influence,  then,  instead  of  checking  a 
like  propensity  in  the  National  Legislature,  maj^  be  expected  to 
promote  it.  Nothing  can  be  more  contradictory  than  to  say  that  the 
National  Legislature,  without  a  proper  check,  will  follow  the  example 
of  tile  State  Legislatures;  and,  in  the  same  breath,  that  the  State  Legis- 
latures are  the  only  proper  check. 

Mr.  Sherman  opposed  elections  by  the  people  in  districts,  as  not 
likely  to  produce  such  fit  men  as  elections  by  the  State  Legislatures. 

31r.  Gekky  insisted,  that  the  commei'cial  and  monied  interest  would 
be  more  secure  in  the  hands  of  the  State  Legislatures,  than  of  the  peo- 


ELECTION   OF   SENATORS  33 

pie  at  large.  The  former  have  more  sense  of  character,  and  will  be 
restrained  bj^  that  from  injustice.  The  people  are  for  paper-money, 
when  the  Legislatures  are  against  it.  In  Massachusetts  the  county 
conventions  had  declared  a  wish  for  a  depi'eciatlng  paper  that  would 
sink  itself.  Besides,  in  some  States  there  are  two  branches  in  the 
Legislature,  one  of  which  is  somewhat  aristocratic.  There  would, 
therefore,  be  so  far  a  better  chance  of  refinement  in  the  choice.  There 
seemed,  he  thought,  to  be  three  powerful  objections  against  elections 
bj' districts.  First,  it  is  impracticable;  the  people  cannot  be  brought 
to  one  place  for  the  purpose;  and,  whether  brought  to  the  same  place 
or  not.  numberless  frauds  would  be  unavoidable.  Secondly,  small 
States,  forming  part  of  the  same  district  with  a  large  one,  or  a  large 
part  of  a  large  one,  would  have  no  chance  of  gaining  an  appointment 
for  its  citizens  of  merit.  ,  Thirdl}',  a  new  source  of  discord  would  be 
opened  between  diflerent  parts  of  the  same  district. 

Mr.  PiNCKNEY  thought  the  second  branch  ought  to  be  permanent 
and  independent;  and  that  the  members  of  it  would  be  rendered  more 
so  by  receiving  their  appointments  from  the  State  Legislatures.  This 
mode  would  avoid  the  rivalships  and  discontents  incident  to  the  elec- 
tion by  districts.  He  was  for  dividing  the  States  in  three  classes, 
according  to  their  respective  sizes,  and  for  allowing  to  the  first  class 
three  members;  to  the  second,  two,  and  to  the  third,  one. 

On  the  question  for  postponing  Mr.  Dickinson's  motion,  referring 
the  appointment  of  the  Senate  to  the  State  Legislatures,  in  order  to 
consider  Mr.  Wilson's  for  referring  it  to  the  people,  Pennsylvania, 
aye — 1;  Massachusetts,  Connecticut,  New  York,  New  .Tei'sey,  Dela- 
ware, Maryland,  Virginia,  North  Carolina,  South  Carolina,  Georgia, 
no— 10. 

Colonel  Mason.  Whatever  power  may  be  necessary  for  the  National 
Government,  a  certain  portion  must  necessarily  be  left  with  the  States. 
It  is  impossible  for  one  power  to  pervade  the  extreme  parts  of  the 
United  States,  so  as  to  carry  equal  justice  to  them.  The  State  Legis- 
latures also  ought  to  have  some  means  of  defending  themselves  against 
encroachments  of  the  National  Government.  In  every  other  depart- 
ment we  have  studiouslv  endeav^orcd  to  provide  for  its  self-defence. 
Shall  we  leave  the  States  alone  unprovided  with  the  means  for  this 
purposed  And  what  better  means  can  we  provide,  than  the  giving 
them  some  share  in,  or  rather  to  make  them  a  constituent  part  of, 
30318—04 3 


34  DEBATES    IN    FEDERAL    CONVENTION 

the  national  establishment '.  There  is  clanger  on  both  sides,  no  doubt; 
but  we  have  only  seen  the  evils  arising  on  the  side  of  the  State  Govern- 
ments. Those  on  the  other  side  remain  to  be  displaced.  The  example 
of  Congress  does  not  apph'.  Congress  had  no  power  to  carry  their 
acts  into  execution,  as  the -National  Government  will  have. 

On  Mr.  Dickinson's  motion  for  an  appointment  of  the  Senate  by  the 
State  Legislatures, — Massachusetts,  Connecticut,  New  York,  Penns3'l- 
vania,  Delaware,  Maryland,  Virginia,  North  Carolina,  South  Carolina, 
Georgia,  aye — 10. 

^Vedxesday.  June  13th. 

In  CoTninittee  of  the  Wh<iJe, —     *     *     * 

The  Committee  rose,  and  Mr.  Gorham  made  report,  which  was 
postponed  till  to-morrow,  to  give  an  opportunity  for  other  plans  to 
be  proposed — the  Report  was  in  the  words  following: 

******* 

4.  Resolved,  that  the  members  of  the  second  branch  of  the  National  Legislature 
ought  to  be  chosen  by  the  individual  Legislatures;  to  be  of  the  age  of  thirty  years 
at  least;  to  hold  their  offices  for  a  term  sufficient  to  ensure  their  independence, 
namely,  seven  years;  to  receive  fixed  stipends  by  vv-hich  they  may  be  compensated 
for  the  devotion  of  their  time  to  the  public  service,  to  be  paid  out  of  the  National 
Treasury,  to  be  ineligible  to  any  office  established  by  a  particular  State,  or  under  the 
authority  of  the  L^nited  States  (except  those  peculiarly  belonging  to  the  functions  of 
the  second  branch, )  during  the  term  of  service,  and  under  the  National  Government 
for  the  space  of  one  year  after  its  expiration.     *    *    * 


Monday,  June  18th. 

In  Committee  of  the  Whole,  on  the  propositions  of  Mr.  Patterson 
and  Mr.  Randolph, — On  motion  of  Mr.  Dickinson,  to  postpone  the 
first  Resolution  in  Mr.  Patterson's  plan,  in  order  to  take  up  the 
following,  viz:  "that  the  Articles  of  Confederation  ought  to  be 
revised  and  amended,  so  as  to  render  the  Government  of  the  United 
States  adequate  to  the  exigencies,  the  preservation,  and  the  pros- 
perity of  the  Union,"— the  postponement  was  agreed  to  by  ten  States; 
Pennsylvania  divided. 

Mr.  Hamilton  *  *  *  reads  his  sketch  in  the  words  following: 
to  wit. 

******* 

in.  The  Senate  to  consist  of  persons  elected  to  serve  during  good  behaviour;  their 
election  to  be  made  by  electors  chosen  for  tliat  purpose  by  the  people.     In  order  to 


ELECTION    OF   SENATORS  35 

this,  tlie  States  to  be  divided  into  election  districts.  On  the  death,  removal  or 
resignation  of  any  Senator,  his  place  to  be  tilled  out  of  the  district  from  which  he 
came.     *    *    * 


Thursday,  July  36th. 

In  Convention,     *     *     * 

The  proceediugs  since  Monday  last  were  unanimoush'  referred  to  the 
Committee  of  Detail;  and  the  Convention  then  unanimously  adjourned 
till  Monday,  August  6th,  that  the  Committee  of  Detail  might  have 
time  to  prepare  and  report  the  Constitution.  The  whole  Kesolu- 
tion.s.  as  referred,  are  as  follows: 

*  *  *  *  *  *  *' 

4.  Kesolved,  That  the  members  of  the  second  branch  of  the  Legislature  of  the 
United  States  ought  to  be  chosen  by  the  individual  Legislatures;  to  be  of  the  age 
of  thirty  years  at  least;  to  hold  their  offices  for  six  years,  one-third  to  go  out  bien- 
nially; to  receive  a  compensation  for  the  devotion  of  their  time  to  the  public  serv- 
ice; to  be  ineligible  to,  and  incapable  of  holding,  any  office  under  the  authority 
of  the  I'nited  States  (except  those  peculiarly  belonging  to  the  functions  of  the  sec- 
ond branch)  during  the  term  for  which  they  are  elected,  and  for  one  year  there- 
after.    *    *    * 


Monday,  August  6th. 

In  Convention, — ^Nlr.  John  Francis  Merger,  from  Maryland,  took 
his  seat. 

Mr.  RuTLEDGE  delivered  in  the  Report  of  the  Committee  of  Detail, 
as  follows — a  printed  cop^'  being  at  the  same  time  furnished  to  each 
member: 

Article  V. 

Sect.  1.  The  Senate  of  the  L'nited  States  shall  be  chosen  by  the  Legislatures  of 
the  several  States.  Each  Legislature  shall  choose  two  members.  Vacancies  may  be 
supplied  by  the  Executive  until  the  next  meeting  of  the  Legislature.  Each  member 
shall  have  one  vote.     *    *    * 


EXTRACTS  FROM  THE  FEDERALIST  ON  THE 
ELECTION  OF  SENATORS 

THE    FEDERALIST.       NO.    XXVII. 

[Hamilton. 1 

To  the  People  of  the  State  of  Neio  YorJc: 

Various  reasons  have  been  suggested,  in  tiie  course  of  these  papers, 
to  induce  a  probability  that  the  general  government  will  be  better 
administered  than  the  particular  governments:  the  principal  of  which 
reasons  are  that  the  extension  of  the  spheres  of  election  will  present 
a  greater  option,  or  latitude  of  choice,  to  the  people;  that  through 
the  medium  of  the  State  legislatures — which  are  select  bodies  of  men, 
and  which  are  to  appoint  the  members  of  the  national  Senate — there 
is  reason  to  expect  that  this  branch  will  geiierall}'  be  composed  with 
peculiar  care  and  judgment;  that  these  circumstances  promise  greater 
knowledge  and  more  extensive  information  in  the  national  councils, 
and  that  they  will  be  less  apt  to  be  tainted  by  the  spirit  of  faction, 
and  more  out  of  the  reach  of  those  occasional  ill-humors,  or  temporary 
prejudices  and  propensities,  which,  in  smaller  societies,  frequently 
contaminate  the  puliiic  councils,  beget  injustice  and  oppression  of  a 
part  of  the  communit}',  and  engender  schemes  which,  though  they 
gratify  a  momentaiy  inclination  or  desire,  terminate  in  general 
distress,  dissatisfaction,  and  disgust.  Several  additional  reasons  of 
considerable  force,  to  fortify  that  probability,  will  occur  when  we 
come  to  surve3%  with  a  more  critical  eye,  the  interior  structure  of 
the  edifice  which  we  are  invited  to  erect.     *     *     * 


THE    FEDERALIST.       NO.  LXII. 

[Hamilton  or  Madison.] 

To  the  People  of  the  State  of  Neio  York: 

Having  examined  the  constitution  of  the  House  of  Repre.sentatives, 
and  answered  such  of  the  objections  against  it  as  .seemed  to  merit 
notice,  I  enter  next  on  the  examination  of  the  Senate. 

37 


38  EXTRACTS  FROM  THE  FEDERALIST 

II.  It  is  equall}'  unnecessary  to  dilate  on  tlie  appointment  of  sen- 
ators by  the  State  legislatures.  Among  the  various  modes  which 
might  have  been  devised  for  constituting  this  branch  of  the  Govern- 
ment, that  which  has  been  proposed  by  the  convention  is  probably 
the  most  congenial  with  the  public  opinion.  It  is  recommended  by 
the  double  advantage  of  favoring  a  select  appointment  and  of  giving 
to  the  State  governments  such  an  agenc}'  in  the  formation  of  the 
federal  government  as  must  secure  the  authority  of  the  former,  and 
may  form  a  convenient  link  between  the  two  systems. 

III.  The  equality  of  representation  in  the  Senate  is  another  point, 
which,  being  evidently  the  result  of  compromise  between  the  opposite 
pretensions  of  the  large  and  the  small  States,  does  not  call  for  much 
discussion.  If  indeed  it  be  right,  that  among  a  people  thoroughly 
incorporated  into  one  nation,  every  district  ought  to  have  a.  propor- 
tional share  in  the  government,  and  that  among  independent  and  sov- 
ereign States,  bound  together  by  a  simple  league,  the  parties,  however 
unequal  in  size,  ought  to  have  an  c(ptaJ  share  in  the  common  councils, 
it  does  not  appear  to  be  without  some  reason  that  in  a  compound 
republic,  partaking  both  of  the  national  and  federal  character,  the 
government  ought  to  be  founded  on  a  mixture  of  the  principles  of 
proportional  and  equal  representation.  But  it  is  superfluous  to  try, 
by  the  standard  of  theory,  a  part  of  the  Constitution  which  is  allowed 
on  all  hands  to  be  the  result,  not  of  theory,  but  ""of  a  spirit  of  amity, 
and  that  mutual  deference  and  concession  which  the  peculiarit}'  of  our 
political  situation  rendered  indispensable."  A  common  government, 
with  powers  eiiual  to  its  objects,  is  called  for  by  the  voice,  and  still 
more  loudly  by  the  political  situation,  of  America.  A  government 
founded  on  principles  more  consonant  to  the  wishes  of  the  larger 
States,  is  not  likelv  to  be  obtained  from  the  smaller  States.  The  only 
option,  then,  for  the  former,  lies  between  the  proposed  government 
and  a  government  still  more  objectionable.  Under  this  alternative, 
the  advice  of  prudence  must  be  to  embrace  the  lesser  evil:  and,  instead 
of  indulging  a  fruitless  anticipation  of  the  possible  mischiefs  which 
may  ensue  to  contemplate  rather  the  advantageous  consequences  which 
may  qualify  the  sacrifice. 

In  this  spirit  it  may  be  remarked,  that  the  equal  vote  allowed  to  each 
State  is  at  once  a  constitutional  recognition  of  the  portion  of  sover- 
eignty remaining  in  the  individual  States,  and  an  instrument  for  pre- 


ELECTION    OF   SENATORS  39 

serving  that  residuary  sovereignt_v.  So  far  the  equality  ought  to  be 
no  less  acceptable  to  the  large  than  to  the  small  States;  since  they  are 
not  solicitous  to  guard,  by  every  possible  expedient,  against  an 
improper  consolidation  of  the  States  into  one  simple  republic. 

Another  advantage  accruing  from  this  ingredient  in  the  constitu- 
tion of  the  Senate  is,  the  additional  impediment  it  must  prove  against 
improper  acts  of  legislation.  No  law  or  resokition  can  now  be  passed 
without  the  concurrence,  first,  of  a  majority-  of  the  people,  and  then, 
of  a  majority  of  the  States.  It  must  be  acknowledged  that  this  com- 
plicated check  on  legislation  may  in  some  instances  be  injurious  as 
well  as  beneficial;  and  that  the  pecvdiar  defence  which  it  involves  in 
favor  of  the  smaller  States,  would  be  more  rational,  if  any  interests 
conunon  to  them,  and  distinct  from  those  of  other  States,  would  other- 
wise be  exposed  to  peculiar  danger.  But  as  the  larger  States  will 
always  be  aVjle,  by  their  power  over  the  supplies,  to  defeat  unreason- 
able exertions  of  this  prerogative  of  the  lesser  States,  and  as  the 
facilit}-  and  excess  of  law-making  seem  to  be  the  diseases  to  which  our 
governments  are  most  liable,  it  is  not  impossible  that  this  part  of 
the  Constitution  may  be  more  convenient  in  practice  than  it  appears 
to  many  in  contemplation. 

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